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HomeMy Public PortalAbout026-1982 - Amending Chapters 153 and 154 - Adding Chapter 53 - Flood Plain ManagementGENERAL ORDINANCE NO. 26-1982 AN ORDINANCE AMENDING CHAPTERS 153 AND 154 OF THE MUNICIPAL CODE, AND ADDING A NEW CHAPTER 53 TO THE MUNICIPAL CODE, PROVIDING FOR STANDARDS AND REQUIREMENTS RELATIVE TO FLOOD PLAIN MANAGEMENT. WHEREAS, the Common Council of the City of Richmond, Indiana has adopted Resolution No. 4-1975 which deemed it in the general public interest to participate in the National Flood Insurance Program and to establish the administra- tive process necessary to adhere to the guidelines set forth by the program; and, WHEREAS, under Section 1361 of the National Flood Insurance Act of 1968, as amended, the City of Richmond, Indiana must show evidence of adoption of flood plain management regu- lations as a condition of continued eligibility in the National Flood Insurance Program; and, WHEREAS, it is the intent of this Ordinance to amend the Zoning Ordinance and Subdivision Ordinance and to add to the Municipal Code a new Ordinance relative to utility con- struction in a flood hazard area to provide for flood Plain management standards and requirements in compliance with Section 1361 of the National Flood Insurance Act of 1968, as amended and paragraph 60.3(d) of the national Flood Insurance Program; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the 22nd day of June, 1982, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the City Plan Commission was six (6) to zero (0) in favor of recommending the passage of Ordinance No. 26-1982. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That Article 13 of Chapter 154 of the Municipal Code shall be amended by adding the following: 13.98 Flood or Floodwater: means the water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse; - 2 - 13.99 Flood Hazard Area: -means any floodplain, floodway, floodway fringe district or any combination thereof; 13.100 Flood Protection Grade: -means the elevation of the lowest floor of a building or structure. If a basement is included, the basement floor is considered the lowest floor. Exceptions: If a commercial or industrial building is floodproofed as hereinafter defined, the term "flood protection grade" applies to the water surface elevation for which the building is protected. 13.101 Flood Proofed Building:- means a commercial or industrial building designed to exclude flood- waters from the interior of that building. All such floodproofing shall be adequate to with- stand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood. 13.102 Natural Resources: - means the Indiana Natural Resources Commission; 13.103 Regulatory Flood: - means that flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a one -hundred year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commis- sion. This flood is equivalent to a flood having a probability of occurrence of one percent in any given year. 13.104 Regulatory Flood Profile: means a longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood. 13.105 Substantial Modification: - means any alteration, repair, enlargement or extension of an existing building. Such substantial modification is con- sidered to occur when the first alteration of any wall, ceiling, floor or other structural element of the building commences. This term 3 - does not, however, include either (1) any pro- ject for improvement of a structure to comply with existing health, sanitary or safety code specifications, or (2) any alteration of a structure listed on the National Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archeological and Cultural Sites, Structures, Districts and Ob- jects. 13.106 Mobile Home Tie Downs; Schedule A: - means sufficient anchorage to resist flotation, collapse or lateral movement of any mobile home. At a minimum, such anchorage shall con- sist of (1) over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at inter- mediate locations, with mobile homes less than 50 feet long requiring only one additional tie per side; (2) frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (3) all components of the anchor- ing system be capable of carrying a force of 4,800 pounds; and (4) any additions to the mobile home be similarly anchored. SECTION 2. That Article 16 of Chapter 154 of the Municipal Code shall be amended by adding the following: 16.08 Non -Conforming Uses in Floodway and Floodway Fringe Districts: Any building, structure or other use in a Floodway (FW) or Floodway Fringe (FF) District which is not in conformance with this ordinance constitutes a non -conforming use. a. In a Floodway (FW) District, no non -conforming use may be expanded or enlarged nor can a building undergo substantial modification without a permit for construction in a floodway from Natural Resources. - 4 - b. In a Floodway Fringe (FF) District a build- ing which constitutes a non -conforming use may undergo substantial modification pro- vided that such modification does not increase the value of the building, by more than forty (40) percent of its pre -improvement market value, (excluding the value of land) unless such building is permanently changed to a conforming use. SECTION 3. That Article 17 of Chapter 154 of the Municipal Code shall be deleted in its entirety. SECTION 4. That Chapter 154 of the Municipal Code shall be amended by adding Article 38A -FW Floodway District as follows: ARTICLE 38A FW FLOODWAY DISTRICT 38A.00 INTENT: The purpose of the Floodway (FW) Dis- trict is to guide development in areas identified as a floodway. The identification of these areas shall be determined as identified by the Federal Insurance Administration in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Richmond, Indiana dated August 16 1982, with the accompany- ing Flood Insurance Rate Maps and Flood Boundary- Floodway Maps along with any subsequent revisions to the text or maps are hereby adopted by refer- ence and declared to be a part of this ordinance. The Flood Insurance Study is on file in the office of the City Planning Department. However, all such identifications shall be made in compliance with the current rules, procedures and policies of Natural Resources. Natural Resources exercises primary jurisdiction in the Floodway (FW)District under the provisions of IC 1971, 13-1-11, however, the (Plan) Commission may impose terms and condi- tions on any permit it issues in this district which are more restrictive than those imposed by Natural Resources. 38A.01 Establishment: The Floodway District is hereby established as a zoning classification. The Floodway District shall not stand by itself but shall be combined with any other existing zoning district. Land hereafter zoned to such Floodway District shall be designated on the Official - 5 - Zoning Map by the symbol "FW", along with the applicable symbol of the existing zoning classi- fication. Each application for rezoning to the Floodway District shall be considered in the same manner as for amendments to this Ordinance in accordance with Article 62. In the case of conflict with other regulations and requirements of this Ordinance, the most restrictive requirement shall govern. 38A.02 Principal Permitted Uses: The following uses shall be permitted by right, provided they do not involve the erection of any structure or obstruction, the opening of any excavation or the deposition of any material or substance and provided they are permitted in the existing zoning districts. a. Agricultural uses such as the production of crops, pastures, orchards, plant nur- series, vineyards, and general farming. b. Forestry, wildlife areas, and nature pre- serves. C. Parks and recreational uses, such as golf courses, driving ranges, and play areas. 38A.03 Uses Requiring Natural Resources Approval: The following uses may be permitted in the Floodway (FW) District only after a permit for construc- tion in a floodway has been granted by Natural Resources, and providing such use is permitted in the existing zoning district. All terms and conditions imposed by Natural Resources will be incorporated in any permit issued. All buildings or additions to existing buildings shall have flood protection grades at least two feet above the regulatory flood profile. a. Water management use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, groins, marinas, piers, wharves, levees, seawalls, floodwalls, weirs, and irrigation facilities. b. Transportation facilities, such as streets, bridges, roadways, fords, airports, pipe lines, railroads, and utility transmission facilities. C. Temporary or seasonal flood plain occupancy, such as circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands, and transient amusment facility sites. d. Water -related urban areas, such as waste- water treatment facilities, storm sewers, electric generating and transmission facilities, and water treatment facilities. e. Other flood tolerant or open space urban uses, such as floodproofed buildings, race tracks, tennis courts, park buildings, out- door theaters, fills, truck freight ter- minals, radio or TV towers, parking lots, and mineral extraction. Flood proofing of non-residential structures, if proposed, must be in accordance with the definition of a flood proofed building as set forth in this ordinance and must be so certi- fied by a Professional Engineer or a Regis- tered Architect licensed to practice in Indiana. The structure or structures, if permitted in the floodway, shall be constructed on the building site so as to minimize obstruction to the flow of floodwaters. 38A.04 Disclaimer: In the "FW" Floodway District established herein the degree of flood pro- tection established in this ordinance is considered reasonable for regulatory pur- poses and is based on engineering and scientific considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice or debris jams. This ordi- nance does not imply that areas outside the Floodway District as defined herein, will be free of flooding or flood damage. This ordinance - 7 - does not create any liability on the part of the City of Richmond, Indiana, the Plan Commission, Natural Resources, the State of Indiana, or any elected or appointed official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made there- under. SECTION 5. That Chapter 154 of the Municipal Code shall be amended by adding Article38B FF Floodway Fringe Dis- trict as follows: ARTICLE 38B FF FLOODWAY FRINGE DISTRICT 38B.00 INTENT: The purpose of the Floodway Fringe (FF) District is to guide development in areas subject to potential flood damage, but outside an identified Floodway (FW) District. The identification of these areas shall be deter- mined as identified by the Federal Insurance Administration in a scientific and engineer- ing report entitled, "The Flood Insurance Study for the City of Richmond, Indiana, dated August 16 , 1982, with the accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps along with any subsequent revisions to the text or maps are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insur- ance Study is on file in the office of the City Planning Department. The principal re- quirement of this district is that the flood protection grade of all buildings shall be at least two feet above the regulatory flood pro- file. 38B.01 Establishment: The Floodway Fringe District hereby established as a zoning classification. The Floodway Fringe District shall not stand by itself but shall be combined with any other existing zoning district. Land hereafter zoned to such Floodway Fringe District shall be de- signated on the Official Zoning Map by the symbol "FF", along with the applicable symbol of the existing zoning classification. Each application for rezoning to the Floodway Fringe - 8 _ District shall be considered in the same manner as for amendments to this Ordinance in accordance with Article 62B. In the case of conflict with other regulations and re- quirements of this Ordinance, the most restrictive requirement shall govern. 38B.02 Principal Permitted Uses: All facilities, structures, uses and buildings consistent with other provisions of this ordinance such as businesses, medical facilities, community and government buildings, industrial facilities, restaurants, commercial facilities, storage facilities, mobile homes, utility buildings, amusement facilities, residential buildings, and civic or fraternal facilities, may be con- structed in this district provided that the flood protection grade for all buildings shall be at least two feet above the regulatory flood profile and provided such uses are permitted in in the existing zoning district. Further, mobile homes must have pads (concrete or stands of compacted fill) at or above the elevation of the regulatory flood and must be provided with ground anchors meeting Mobile Home Tie Downs; Schedule A. In addition, adequate drainage and access for a hauler shall be provided. Flood proofed non-residential buildings may also be constructed in this district provided that the plans and specifications for all necessary structural facilities and modifications are certified by a Professional Engineer or Registered Architect licensed to practice in Indiana. i - 9 - 38B.03 Disclaimer: In the "FF" Floodway Fringe Dis- trict established herein the degree of flood protection established in this ordinance is considered reasonable for regulatory pur- poses and is based on engineering and scientific consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice or debris jams. This ordinance does not imply that areas outside the Floodway Fringe District as defined herein, will be free of flooding or flood damage. This ordinance does not create any liability on the part of the City of Richmond, Indiana,the Plan Commission, Natural Resources, the State of Indiana, or any elected or appointed official or employee there- of for any flood damages that result from reliance on this ordinance or any administra- tive decision lawfully made thereunder. SECTION 6. That Chapter 154 of the Municipal Code shall be amended by adding Article 38C - FP Flood Plain District as follows: ARTICLE 38C FP FLOOD PLAIN DISTRICT 38C.00 INTENT: The intent of this district is to guide development in these areas for which no detailed flood data has been provided. These areas are shown as approximate one hundred (100) year flood boundaries. The identification of these areas shall be determined as identified by the Federal Insurance Administration in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Richmond, Indiana", dated August 16, 1982, with the accompanying Flood In- surance Rate Maps and Flood Boundary-Floodway Maps along with any subsequent revisions to the text or maps are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file in the office of the City Planning Department. However, all such identifications shall be made in compliance with the current rules, procedures and policies of Natural Resources. Natural Resources exercises primary jurisdiction in the Floodway (FW) District - 10 - under the provisions of IC 1971, 13-1-11, however, the (Plan) Commission may impose terms and conditions on any permit it issues in this district which are more restrictive than those imposed by Natural Resources. 38C.01 Establishment: The Flood Plain District is hereby established as a zoning classification. The Flood Plain District shall not stand by itself but shall be combined with any other existing zoning district. Land hereafter zoned to such Flood Plain District shall be designated on the Official Zoning Map by the symbol "FP", along with the applicable symbol of the existing zoning classification. Each application for rezoning to the Flood Plain District shall be considered in the same manner as for amendments to this Ordinance in accord- ance with Article 62. In the case of conflict with other regulations and requirements of this Ordinance, the most restrictive requirement shall govern. 38C.02 Permit Application: All permit applications located in the "FP" Flood Plain District shall be forwarded to the Department of Natural Re- sources for review and comment. Upon the deter- mination by Natural Resources of either a floodway or floodway fringe designation then the appropriate requirements of either Article 38A FW Floodway District or Article 38B FF Floodway Fringe District shall apply. SECTION 7. That Article 60 of Chapter 154 of the Municipal Code shall be amended by adding the following: 60.07 The Zoning Inspector shall review all applica- tions for improvement location permits for new construction, additions to existing construc- tion, or other development to ascertain as to whether the proposed construction, addition or development lies in a flood hazard area as de- fined elsewhere in this ordinance. If the permit application lies in an identified Flood - way District, then the zoning administrator shall forward the application along with all pertinent plans and specifications to Natural Resources and apply for a permit for construc- tion in a floodway from Natural Resources. If the permit application lies in Floodway Fringe District then the Zoning Inspector may issue an improvement location permit with the condition that the lowest floor including basement of the structure(s) is at least two feet above the 100 year frequency flood elevation. If the permit application lies in a Flood Plain District, then the Zoning Administra- tor shall forward the application along with all pertinent plans and specifications to Natural Resources for review and comment. In a Floodway, Floodway Fringe or Flood Plain District, the Zoning Inspector may require a rational analysis of the design's adequacy and the suitability of the materials selected to prevent flotation, collapse, or lateral movement of the structure and minimize poten- tial future flood damages. In reviewing the applications for improvement location permits for compliance with the re- quirements of this ordinance, the Zoning In- spector shall assure that all necessary permits from other State, Federal and local agencies have been obtained. SECTION 8. That the "Flood Insurance Study for the City of Rich- mond, Indiana" dated August 16, 1982 with the accompany- ing Flood Insurance Rate Maps and the Flood Boundary and Floodways Map along with any subsequent revisions to the text or maps are hereby adopted by reference and de- clared to be part of the Zoning Ordinance and Official Zoning Map of the City of Richmond, Indiana. Land desig- nated on the Flood Boundary and Floodway Maps as Flood - way, Floodway Fringe and Approximately 100 Year Flood Boundaryshall be zoned and regulated in accordance with the Zoning Ordinance as follows: (1) The Floodway shall be zoned FW Floodway District along with the existing zoning district. - 12 - (2) The Floodway Fringe shall be zoned FF Floodway Fringe District along with the existing zoning district. (3) The Approximate 100 Year Flood Boundary shall be zoned FP Flood Plain District along with the existing zoning district. SECTION 9. That Article I, Section I of Chapter 153 of the Municipal Code shall be amended by adding the follow- ing: Flood or Floodwater: means the water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse; Flood Hazard Area: means any Floodway, Floodway Fringe District, or Flood Plain District or any combination thereof; Natural Resources: means the Indiana Natural Resources Commission; Regulatory Flood: means that flood having a peak dis- charge which can be expected to be equaled or exceeded on the average of once in a one -hundred year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Re- sources Commission. This flood is equivalent to a flood having a probability of occurrence of one percent (1%) in any given year. Regulatory Flood Profile: means a longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood. SECTION 10. That Article II, Section V of Chapter 153 of the Municipal Code shall be amended by adding the following: j. The Planning Director of the City of Richmond, Indiana shall review all oroposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined elsewhere in this ordinance. If the Plan Director finds the sub- division to be so located, the Plan Director shall forward pertinent plans and materials to the Indiana Department of Natural Resources for review and comment. The Plan Commission - 13 - may require appropriate changes and modifications in order to assure that it is consistent with the need to minimize flood damages; all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to mini- mize or eliminate flood damage;adequate drainage is provided so as to reduce exposure to flood hazards; and that onsite waste disposal systems, if provided, will be so located as to avoid impair- ment of them or contamination from them during the occurrence of the regulatory flood. All subdivision plats containing lands identified elsewhere in this ordinance as flood hazard areas shall have the elevation of the 100 year flood listed thereon. SECTION 11. That Title V of the Municipal Code shall be amended by adding a new Chapter 53 as follows: CHAPTER 53. UTILITY CONSTRUCTION IN FLOOD HAZARD AREAS 53i01: Standards for Certain Utility Construction or Reconstruction in Flood Hazard Areas. All new or replacement water mains, valves and other appurtenances; and all new or re- placement sewers, manholes and other appur- tenances constructed or reconstructed in a Flood Hazard Area as defined elsewhere by ordinance shall be designed and constructed as to minimize or eliminate infiltration of floodwaters into these systems and discharges from these systems into floodwaters. Onsite waste disposal systems, if provided, shall be so located as to avoid impairment of them or contamination from them during the occurr- ence of the regulatory flood. SECTION 12. This Ordinance shall be in full force and effect from and after its passage and approval as by law re- quired. President of Common Council ATTEST: ` C• `f-i Cvity Clerk - 14 - PRESENTED by me to the Mayor of,the City of Richmond, Indiana, this day of 1982. CiY7- Clerk APPROVED by me, Clifford J. Dickman, Mayor )the City of Richmond, Indiana, this day of 1982. IAZC-3-� ro� lK ATTEST: City Clerk -A CITY PLAN COMMISSION RICHMOND, INDIANA t.06p, July 1, 1982 Mr. Kenneth Mills, President Members of Common Council and Mrs. JoEllen Trimble, City Clerk Amicipal Building Richimnd, Indiana 47374 Re: Ordinance No. 26-1982 Plan Commission Case PC-82-11 Dear Mr. Mills, Members of Common Council and Mrs. Trimble: The Richmond City Plan Commission conducted a public hearing on Tuesday, June 22, 1982, on its own petition requesting to amend the Zoning and Subdivision Ordinances and also requesting to amend Title V of the Municipal Code by adding a new Chapter 53, all providing for standards and requirements relative to Flood - plain management. In 1975, the Common Council passed a Resolution indicating their desire to participate in the National Flood Insurance Program which, essentially, allows those residents of the City living in flood prone areas to purchase federally subsidized flood insurance. Since 1975, the Federal and State governments have studied and identified flood hazard areas throughout Wayne County. This study has culminated in a scientific study entitled, "The Flood Insurance Study for the City of Richmond, Indiana," which includes two (2) maps: The Flood Insurance Rate Map and The Flood Boundary-Floodway Map. This information provides the scientific data to be used in implementing the Floodplain Management Ordinances that are required by the Federal and State Governments in order for the City to re- main eligible to participate in the Federal Flood Insurance Program. The proposed amendment to the Subdivision Ordinance basically adds certain definitions and requires new subdivision plans to be re- viewed to determine if any part lies in a flood hazard area. The proposed amendment to the Zoning Ordinance basically adds certain new definitions, adds three (3) new zoning classifications to the FW Floodway District, the FF Floodway Fringe District and the FP Flood Plain District. These districts would operate as a secondary zoning classification and must be combined with an existing zoning district, so that an existing R-1 District zoned to the FW Floodway District would be Mr. Kenneth Mills, President Members of Common Council July 1, 1982 Page 2 designated on the Official Zoning Map as R-1 FW District. It is also proposed to amend Title V of the Municipal Code to add a new Chapter 53 which regulates construction and reconstruction of certain utilities in a Flood Hazard Area. These amendments have been reviewed by the State Department of Natural Resources and the Federal Emergency Management Agency and have been approved. During the public hearing, no one spoke in opposition to the pro- posed amendments. The Plan Commission voted six (6) to zero (0) to recommend the adoption of Ordinance No. 26-1982. Respectfully submitted, CITY P COMMISSION Robert B. Goodwin Executive Secretary /vl